Indra Kumar Tripathi vs State Of U.P.Thru Prin.Secy. ...
2022 Latest Caselaw 233 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

Court No. - 4
 

 
Case :- WRIT - A No. - 13095 of 2020
 

 
Petitioner :- Indra Kumar Tripathi
 
Respondent :- State Of U.P.Thru Prin.Secy. Secondary Edu. Lko And Ors.
 
Counsel for Petitioner :- Sharad Pathak,Pawan Kumar Pandey
 
Counsel for Respondent :- C.S.C,R.K.S. Suryavanshi
 
A N D
 
Case :- WRIT - A No. - 1992 of 2003
 

 
Petitioner :- Hari Shankar Shukla
 
Respondent :- State Of U.P.Through Secy Education Madhyamik
 
Counsel for Petitioner :- Pt.S.Chandra
 
Counsel for Respondent :- C.S.C.
 
A N D
 
Case :- WRIT - A No. - 1626 of 2006
 

 
Petitioner :- Brijendra Kumar Shukla
 
Respondent :- State Of U.P.Through Secretary Secondary Education And 4 Ors
 
Counsel for Petitioner :- Ramesh Pandey
 
Counsel for Respondent :- C.S.C.
 
A N D
 
Case :- WRIT - A No. - 446 of 2009
 

 
Petitioner :- Badri Nath Tripathi
 
Respondent :- State Of U.P.Thr.Secy Secon.Govt Of U.P.Civil Sectt.Lucknow
 
Counsel for Petitioner :- Dr L P Misra
 
Counsel for Respondent :- C.S.C.
 
A N D
 
Case :- WRIT - A No. - 14537 of 2019
 

 
Petitioner :- Sanjay Kumar Tiwari And 14 Ors.
 
Respondent :- State Of U.P. Thru Prin.Secy.Secondary Edu. Lucknow And Ors.
 
Counsel for Petitioner :- Laltaprasad Misra,Prafulla Tiwari
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 11309 of 2020
 

 
Petitioner :- Abhishek Singh
 
Respondent :- State Of U.P. Thru Prin.Secy.Secondary Edu. Lucknow And Ors.
 
Counsel for Petitioner :- Ajay Pratap Singh
 
Counsel for Respondent :- C.S.C.,Anu Pratap Singh,Naveen Shukla,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 11788 of 2020
 

 
Petitioner :- Hari Shanker Shukla
 
Respondent :- State Of U.P.Throu.Prin.Secy.Secondary Education Lko.And Ors.
 
Counsel for Petitioner :- Sharad Pathak,Pawan Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Raj K.Singh
 
A N D 
 
Case :- WRIT - A No. - 12838 of 2020
 

 
Petitioner :- Brijendra Kumar Shukla
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Edu. Lko. And Ors.
 
Counsel for Petitioner :- Sharad Pathak,Pawan Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Alok Srivastava,Rajkumar Sooryvanshi
 
A N D 
 
Case :- WRIT - A No. - 12956 of 2020
 

 
Petitioner :- Upendra Kumar Singh
 
Respondent :- State Of Up Thru Prin.Secy. Secondary Edu. Lko And Ors
 
Counsel for Petitioner :- Sharad Pathak,Pawan Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Alok Srivastava,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 12958 of 2020
 

 
Petitioner :- Shrineti Kumar Pandey
 
Respondent :- State Of Up Thru Prin.Secy. Secondary Edu. Lko And Ors
 
Counsel for Petitioner :- Sharad Pathak,Pawan Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Alok Srivastava,Raj Kr Singh Suryvanshi,Surya Kumar
 
A N D
 
Case :- WRIT - A No. - 13008 of 2020
 

 
Petitioner :- Arvind Kumar Tripathi
 
Respondent :- State Of U.P. Thru Prin.Secy. Secondary Edu. Lko And Ors
 
Counsel for Petitioner :- Sharad Pathak,Pawan Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Alok Srivastava,Raj Kr Singh Suryvanshi,Rakesh Kumar Singh,Ved Prakash Pandey
 
A N D
 
Case :- WRIT - A No. - 13063 of 2020
 

 
Petitioner :- Smt. Deep Shikha Singh
 
Respondent :- State Of U.P. Thru Prin.Secy. Secondary Edu. Lko And Ors.
 
Counsel for Petitioner :- Nagendra Bahadur Singh
 
Counsel for Respondent :- C.S.C.,Alok Srivastava,Jayshanker Shukla,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 13069 of 2020
 

 
Petitioner :- Pawan Kumar Yadav
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Edu. Lko And Others
 
Counsel for Petitioner :- Sharad Pathak,Pawan Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Alok Srivastava,Anu Pratap Singh,Jay Prakash Singh,Raj Kr Singh Suryvanshi,Rita Pandey
 
A N D
 
Case :- WRIT - A No. - 18856 of 2020
 

 
Petitioner :- Dipendra Singh
 
Respondent :- State Of U.P. Thru Prin.Secy. Secondary Education Lko. And Ors
 
Counsel for Petitioner :- Nagendra Bahadur Singh
 
Counsel for Respondent :- C.S.C.,R.K. Singh Suryavanshi
 
A N D
 
Case :- WRIT - A No. - 19002 of 2020
 

 
Petitioner :- Pawan Kumar Mishra
 
Respondent :- State Of U.P. Thru. Prin.Secretary Secondary Education Andors.
 
Counsel for Petitioner :- Nagendra Bahadur Singh
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 20460 of 2020
 

 
Petitioner :- Neeraj Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education Lko.Andors
 
Counsel for Petitioner :- Ajay Pratap Singh
 
Counsel for Respondent :- R.K.Singh Suryavanshi
 
A N D
 
Case :- WRIT - A No. - 20463 of 2020
 

 
Petitioner :- Vijay Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education Lko.Andors
 
Counsel for Petitioner :- Ajay Pratap Singh
 
Counsel for Respondent :- R.K.Singh Suryavanshi
 
A N D
 
Case :- WRIT - A No. - 21800 of 2020
 

 
Petitioner :- Satyendra Pratap Singh
 
Respondent :- State Of U.P.Thru.Prin.Secy.Secondary Education And Ors.
 
Counsel for Petitioner :- Pawan Kumar Pandey,Sharad Pathak
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 2358 of 2021
 

 
Petitioner :- Badri Nath Tripathi
 
Respondent :- State Of U.P.Thru.Prin.Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Sharad Pathak,Preeti Mala,Shreesh Kumar Mishra Atal
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 2385 of 2021
 

 
Petitioner :- Akhilesh Kumar Mishra
 
Respondent :- State Of U.P.Thru.Prin.Secy.Secondary Education And Ors.
 
Counsel for Petitioner :- Sharad Pathak,Preeti Mala,Shreesh Kumar Mishra Atal
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
 
 
A N D
 
Case :- WRIT - A No. - 2927 of 2021
 

 
Petitioner :- Namita Singh
 
Respondent :- State Of U.P.Thru.Prin.Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Ajay Pratap Singh
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 3083 of 2021
 

 
Petitioner :- Rajesh Kumar Upadhyaya
 
Respondent :- State Of U.P. Thru.Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Manjeet Singh
 
Counsel for Respondent :- C.S.C.
 
A N D
 
Case :- WRIT - A No. - 3553 of 2021
 

 
Petitioner :- Ram Kumar Shukla
 
Respondent :- State Of U.P.Thru.Prin.Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Krishna Madhav Shukla
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 3555 of 2021
 

 
Petitioner :- Kaushlendra Pratap Singh
 
Respondent :- State Of U.P.Thru.Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Anshuman Singh Rathore,Rajeev Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 3809 of 2021
 

 
Petitioner :- Shankar Lal
 
Respondent :- State Of U.P.Thru.Prin.Secy.Secondary Education And Ors.
 
Counsel for Petitioner :- Nagendra Bahadur Singh
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 3815 of 2021
 

 
Petitioner :- Pankaj Kumar
 
Respondent :- State Of U.P.Thru.Prin.Secy.Secondary Education And Ors.
 
Counsel for Petitioner :- Nagendra Bahadur Singh
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 4154 of 2021
 

 
Petitioner :- Bhanu Nandan Tripathi
 
Respondent :- State Of U.P.Thru.Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Surendra Kumar Verma
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 9590 of 2021
 

 
Petitioner :- Ghanshyam Tiwari
 
Respondent :- State Of U.P.Thru.Prin.Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Ajay Pratap Singh
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 10360 of 2021
 

 
Petitioner :- Munna Singh
 
Respondent :- State Of U.P. Through Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Akhilesh Pratap Singh
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 10361 of 2021
 

 
Petitioner :- Rajendra Kumar Tripathi
 
Respondent :- State Of U.P. Through Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Akhilesh Pratap Singh
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
A N D
 
Case :- WRIT - A No. - 19567 of 2021
 

 
Petitioner :- Rajnish Kumar Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Anu Pratap Singh,Rita Pandey
 
Counsel for Respondent :- C.S.C.,Pawan Kumar Pandey
 
A N D
 
Case :- WRIT - A No. - 23279 of 2021
 

 
Petitioner :- Sanjay Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Ajay Pratap Singh
 
Counsel for Respondent :- C.S.C.,Rishabh Tripathi
 
A N D
 
Case :- WRIT - A No. - 23329 of 2021
 

 
Petitioner :- Rajiv Kumar Tiwari
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Pawan Kumar Pandey,Sharad Pathak
 
Counsel for Respondent :- C.S.C.,Rishabh Tripathi
 
A N D
 
Case :- WRIT - A No. - 23475 of 2021
 

 
Petitioner :- Pramod Kumar Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Ajay Pratap Singh
 
Counsel for Respondent :- C.S.C.,Rishabh Tripathi
 
A N D
 
Case :- WRIT - A No. - 23546 of 2021
 

 
Petitioner :- Rahul Singh
 
Respondent :- State Of U.P.Thru. Addl.Chief Secy. Secondary Education Andors
 
Counsel for Petitioner :- Surendra Pratap Singh,Devang Singh,Rajendra Pratap Singh
 
Counsel for Respondent :- C.S.C.,Rishabh Tripathi
 

 
Hon'ble Rajan Roy,J.

Heard.

This is a bunch of writ petitions which were entertained by this Court as the Civil Appeal No. 8300 of 2016; Sanjay Singh and Ors. Vs. State of U.P. and Ors. and connected appeals were still pending before Hon'ble the Supreme Court. In one of the matters bearing Writ - A No. 11788 of 2020 following order was passed on 28.07.2020:-

"Heard Shri Sharad Pathak along with Shri Pawan Kumar Pandey, learned counsel for petitioner, Shri Savitra Vardhan Singh, learned counsel for State and Shri R. K. Singh Suryavanshi, learned counsel for respondent no. 3.

Learned counsel for petitioner invited the attention of this Court to an order of the Hon'ble Supreme Court dated 28.02.2020 to contend that a Division Bench of this Court had quashed the judgment of Single Judge in Sanjay Singh & Others vs State of UP & others with regard to entitlement of ad-hoc or officiating appointees to continue in service and receive salary, against which two special leave petitions were filed one bearing no. 8300 and the other bearing no. 5893 and that the petitioner is appellant no. 39 in civil appeal no. 5893 of 2017, wherein, the aforesaid order dated 28.02.2020 has been passed and the Hon'ble Supreme Court is exploring the possibility of allowing the petitioner and similar situated teachers to undergo a process of selection but without competing with the open market candidates so that they are not thrown out from the service, although in the same vein, it has also been said by the Hon'ble Supreme Court, that the petitioners cannot seek regularization. Therefore in this view of the matter as a candidate selected from commission has been sent for joining in place of the petitioner, this appeal before the Hon'ble Supreme Court would be frustrated, hence, he seeks a protection by means of this writ petition.

On being confronted with the order of the Hon'ble Supreme Court Shri R. K. Singh Suryawanshi could not deny that such an order is operating as of now.

This court is conscious of the fact that ordinarily it does not interfere in such matters whether of ad-hoc or officiating teachers, but the reason this Court is interfering in this case is the order dated 28.02.2020 passed in the aforesaid civil appeal by the Hon'ble Supreme Court, as, otherwise, if the petitioner is ousted, then great prejudice would be caused to him.

Issue notice to respondents no. 5 and 6 returnable at an early date.

Connect and list along with writ petition no. 1992(SS) of 2003.

Subject to further orders being passed in the aforesaid civil appeal pending before the Hon'ble Supreme Court it is provided that petitioner shall be allowed to continue on the post on which he is working on the some terms on which he is working at present. However, if the candidate selected by the commission is to join on some other post then he can join or he can be adjusted elsewhere in some other college as per the discretion of the concerned authorities as per law.

Learned counsel for respondents prays for and is allowed four weeks time to file counter affidavit.

Thereafter, rejoinder affidavit shall be filed within two weeks.

List thereafter."

Subsequently, the Civil Appeals, leading Civil Appeal No. 8300 of 2016, before Hon'ble the Supreme Court have been decided vide judgment dated 26.08.2020. The issues involved herein stand decided by the said decision and rights of the petitioners, if any, have to flow from the said decision and not otherwise.

It is also informed that in pursuance to the said judgment selections have also been held in pursuance to the Advertisement No. 1 of 2021 and 2 of 2021. If the petitioners have succeeded in the said selection then they will have a right accordingly in terms of the judgment in Sanjay Singh's case (supra). If they have not succeeded then they will have no such right.

At this stage Shri Anu Pratap Singh, learned counsel has informed that all the petitioners who were Ad-hoc teachers and who had participated in the selection after Sanjay Singh's case (supra), have failed in the exam.

Be that as it may, they have to reconcile to their fate and nothing more can be granted.

As regards writ petition(s) such as Writ - A No. 19567 of 2021 where the candidate selected by the Board in 2016 have sought their joining in the institutions which have been allotted to them, now that the controversy has been settled by the decision of Hon'ble the Supreme Court in Sanjay Singh's case (supra) and the selections in terms thereof are also over, therefore, the Board and the State Authorities are directed to ensure their joining as per law accordingly.

As regards contention of Shri Pawan Kumar Pandey, learned counsel appearing for some of the unsuccessful Ad-hoc Teachers that the selected candidates have been sent of a different category vis-a-vis the category for which the post was reserved as per the requisition, this is not an aspect which is open for consideration at least at the behest of the unsuccessful teachers after the judgment in Sanjay Singh's case (supra), by this Court.

All the writ petitions are disposed of in terms of the aforesaid.

The interim orders are accordingly discharged.

(Rajan Roy,J.)

Order Date :- 30.3.2022

R.K.P.